Can postnup document and homestead rights documents protect house from divorce?
Currently living in texas, got married in texas. Both of us are earning about the same . Have 1 kid and for her better life as a mother I want to purchase home and I want to make sure my husband does not claim in future. He has left home couple of times and very selfish with money and is not interested in giving any money to me or my daughter during divorce. If he signs this postnup and homestead documents, does that protect the house from community property later when divorce is filed? There was also a domestic violence from him on me.
In general, documents that would have your desired effect--by agreement--can be prepared. If your husband does not agree to the noted terms, then you really don't have any way to 100% protect your purchase from division--in some manner--through a divorce.
There are still ways to protect your interest in that home from a later divorce, but they are not as air-tight as would be a properly-drafted postnuptial agreement (sometimes called a separate property agreement, or a 'partition and exchange agreement').
Given you note there is domestic violence and you allude to financial abuse, you should consult with an attorney here in the Dallas County area about the postnuptial agreement--and about what that future divorce will look like.
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This sounds pretty complicated and specific to state law. On this site, the best answer you'll get is going to be something like, "It depends on what the contract says." In the end, the best thing for you to do is to consult with a local divorce attorney to review a specific contract.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."
